Planning Commission Meeting - September 20, 2023

https://www.applevalleymn.gov/492/Meeting-Agenda-Packets 1. Call to Order 0:58 2. Approve Agenda 1:08 3. Approve Consent Agenda Items 1:34 4. Public Hearings 5. Land Use / Action Items A. City of Apple Valley Police Operations Building 2:18 6. Other Business A. Review of Upcoming Schedule and Other Updates 22:44 7. Adjourn

Based on the context provided and the dialogue within the transcript, here is the formatted version with speaker identifications. **Note on Speakers:** While the prompt provided City Council names, this is a **Planning Commission** meeting. The commissioners identified in the dialogue (Scanlan and Schindler) are residents appointed to the commission, while the staff members (Benetti and Saam) were included in your list. [0:00] [Music] [1:00] **Chair:** Good evening and welcome. I call the September 20th, 2023, Apple Valley Planning Commission meeting to order. The first item of business is the approval of the agenda. Any changes from staff? [1:15] **Tim Benetti:** Madam chair, we have no additional changes at this time. [1:22] **Commissioner Scanlan:** Move approval of the agenda. [1:23] **Commissioner Schindler:** Second. [1:25] **Chair:** Moved by Commissioner Scanlan and seconded by Commissioner Schindler. Any discussion? If not, all those in favor signify by saying aye. (Group: Aye). Opposed, nay. Motion carries. The next item of business is the consent agenda. Consent agenda items are considered routine and will be enacted with a single motion without discussion unless a commissioner or citizen requests to have any item separately considered; it will then be moved to land use action items for consideration. 3A: Approve the minutes of August 16th, 2023, regular meeting. What's the pleasure of the commission? [1:59] **Commissioner Schindler:** Move approval of the consent agenda. [2:01] **Commissioner Scanlan:** Second. [2:02] **Chair:** Motion made by Commissioner Schindler and seconded by Commissioner Scanlan. Any discussion? All those in favor signify by saying aye. (Group: Aye). Opposed, nay. Motion carries. We skip down to number five as there are no public hearings tonight, and we are discussing the City of Apple Valley Police Operations building, presented by Tim Benetti. [2:34] **Tim Benetti:** Good evening Madam chair, members of the commission. Before you tonight is a request from the City of Apple Valley requesting approval of a proposed new Apple Valley Police Operations building. Your request before you tonight—we're asking for three items: a resolution of finding that the purchase and construction of this facility is consistent with the city's comprehensive plan, which we're going to explain later; we're also asking for consideration of a variance to reduce the driveway setback from 20 feet to 5 feet; and number three, the site plan review and building permit authorization to construct the new facility at this location. Hopefully, most of you are aware of this site. This is located just off of Flagstaff, just west of Eastview High School and south of the current Central Maintenance Facility. It's currently situated in the I-1 Limited Industrial Zoning District; there are no changes to that zoning needed for the site. Again, the site overhead aerial shows Eastview's facilities off to the east, residential to the west, and the CMF to the north. That open ground to the south is still owned by the City of Apple Valley as well. [4:07] **Tim Benetti:** Here just shows the former MacNamara Contracting property that the city has acquired or is in the process of acquiring. It was built in 1972 and currently has just under an 11,000-square-foot, two-story split office storage maintenance building that was home of the MacNamara contracting business. There's an unscreened outdoor asphalt parking area and also a screening fence along the west and south sides of this facility. Here just provides for a street view; you may notice the large boulders in the front. Those are intended to stay there as part of the features for the new facility, so those aren't going anywhere. But the back building there, that will be removed, as well as most of that asphalt that you see in this picture. [4:52] **Tim Benetti:** Regarding existing conditions and removal, again, pretty much everything you see in the darker gray is being removed—that's all the building, the asphalt, and the driveway entrance on the north side. So that driveway is going away and will be re-established in a new site plan that you're going to see. What you're seeing in yellow there is also the 75-foot wide gas pipeline easement that runs through that site, so you can see the impacts that we're going to get to very shortly on the need for the variance. [5:38] **Tim Benetti:** The site plan we're going to start off with is a 4.8-acre site. The facility is highlighted in the blue diagonal check pattern. This is a new 25,000-square-foot facility. It's a driveway extension coming off the north from the Central Maintenance Facility. Again, the intent is just to extend that drive from Central Maintenance down south where it tapers or turns off towards the east back into the facility and out on to Flagstaff. That access is the only single point of access off of Flagstaff at this point. You'll note just to the north, that access that used to serve MacNamara is going away or will be closed off. There's going to be 36 exterior parking spaces. The entire site will be secured with a new 8-foot high decorative or wrought iron style fencing. A retaining wall along the northwest segment of the parking lot is just to maintain the grades in that area. There will also be an enclosed trash area located at the southwest corner of the facility parking lot, and the existing site will have screening maintained along the west and south sides. [7:12] **Tim Benetti:** The grading, drainage, and erosion control plan just shows the typical grading needed for that road extension coming from the north. Also, you'll note on the south side and at the northeast corner are some infiltration basins. These aren't ponds; these are meant more for infiltration, where any high-water runoffs will be captured by storm sewer pipes into the system out in the roadways. Again, all utilities will be provided to the site: gas, sewer, electric, water—everything. The landscape plan has been thoroughly reviewed by Natural Resources folks. They did make some suggestions or modifications, and they think we have met those requirements of not only our code but also their request. [7:59] **Tim Benetti:** We also have provided in your packet some nice architectural elevation plans from Wold Architects, which just shows... pardon me if I go back one... So if you go back to this, you're looking from Flagstaff basically into the site, and this is on the front side where you see the overhead doors. This is essentially the front entryway or entry point into what we usually call the office area or support area. Again, this is on the northwest corner of the building. This car that you're seeing, the police vehicle, is actually should be turned around; this will actually be the main entry point into the building on this side. The cars will queue up inside there and park. Again, just some more elevation images that just show what it's going to look like from the roadway and from the front. [8:44] **Tim Benetti:** Here's an overhead aerial image that shows the different elevations of the two buildings. Again, a pretty standard building with the fencing around the back and you'll note the boulders in the front as well and the retaining wall in the back corner. The floor plan shows space will be dedicated—15,000 square feet—for the fleet vehicles, and you'll note in this plan the 30 vehicles are queued or stored accordingly inside. In this north corner here will be sort of a sally port or a storage area for any type of vehicles that are obtained that need to be held for certain purposes that are not police vehicles per se, but for evidence. Also, this back room will be dedicated for storage. The floor plan in the front is the office support areas, about 10,000 square feet. You note this floor plan separates the genders: both female and male locker rooms, restroom areas, dressing rooms, and meeting rooms in the front. [10:19] **Tim Benetti:** Getting back to our resolution with the comprehensive plan: Statute 462.356 sub 2—anytime a city provides for a capital improvement of this nature or acquires land for such, you have to provide for a resolution of support. So in your packet, you'll see that resolution, and it just provides for findings to comply with the fact that these improvements and the proposed acquisition of property are consistent with the comp plan. Resolution findings are noted in the keys 1 through 8. I won't read those off because hopefully you had a good chance to read those. These are memorialized in that resolution in your packet. [11:05] **Tim Benetti:** Regarding the variance, again, this is a variance only for the driveway going from a 20-foot requirement down to 5 feet. I knew I couldn't make it without this [water]. So, the definition of "practical difficulties"—I know you've been aware of this or are familiar with this rule. You have to define what a practical difficulty is to award a variance. You have to determine if the application proposes to be used in a reasonable manner, if there are circumstances unique to the property not created by the applicant, and will the variance, if granted, not alter the essential character of the locality or the neighborhood. And fourth—not the most important part—but economic considerations alone do not constitute practical difficulties. [11:51] **Tim Benetti:** What you look at is: are these special conditions that necessitate the need for a variance? Would granting of a variance be contrary to the intent of this chapter (i.e., the zoning code)? Are there any conditions or circumstances that do not result from the actions of the owner or applicant, and does it merely serve as a convenience to the applicant? These are some items that we looked at and we provided for an analysis in the resolution. Since the site is encumbered with that 75-foot wide pipeline easement, we felt that helps with the findings for the variance. The drive lane is already lining up with the Central Maintenance Facility, which was also issued a variance for their 5-foot reduction back last year. The matching in the location lines up. Municipal well and communication lines prevent the locating of the lane further east, and keeping the driveway to the west reduces disturbance to the natural area. With that, we have our three recommendations: adopt that resolution supporting the 2040 comp plan, recommend approval of the variance to reduce the drive lane from 20 feet to 5 feet, and recommend approval of site and building plan for the new 25,000-square-foot facility. Are there any questions? I'll stand for them now. [13:22] **Commissioner Schindler:** I have a couple. I live in that area so I know this area very well. So my big concern is where the driveway is and you're moving it. Evenings, they have soccer over there and the fields right across from it, and any given night that there's soccer, I see anywhere between 12 to 18 cars parked in the parking lot over there. Kids are constantly with their parents, but just little toddlers walking back and forth and stuff. So I guess my first question is: is it doable for them to still park in that south parking lot, or they should not be parking in it whatsoever? This facility will be secured, so there'll be like a gate there or something? [14:09] **Tim Benetti:** There will be, yes. I should have mentioned that. With this security fencing, the Police Department would prefer that they don't have any people driving through this for obvious reasons, similar to what our Central Maintenance Facility is. Right now, this will be key card access only, that only the police or authorized staff can go in there. [14:41] **Commissioner Schindler:** Okay, so there will be no more parking for public at any time. During that—second question—is there's a path that I see tons and tons of people walking through there. Is that going to block off the pathway also where that gateway is, or is there another... am I not reading this right? [14:57] **Tim Benetti:** Are you talking about the path on Flagstaff or coming off of a footbridge? [14:59] **Commissioner Schindler:** Coming off of a footbridge there and then it goes... [15:02] **Tim Benetti:** So that path... let me go back to the overhead. So that path will remain intact. There will be no obstruction. In fact, what you see in the yellow highlighted area here is pretty much where that fence or screening area is. This will be the limits of the site right here. So the trail itself will not be affected or impacted by this element. [15:37] **Commissioner Schindler:** Okay. [15:38] **Chair:** Anybody else? So, no questions I guess. Since we're not a public hearing, but you can still offer public comments if you so choose. [15:42] **Commissioner Scanlan:** Madam Chair? [15:43] **Chair:** Go ahead. [15:44] **Commissioner Scanlan:** I'm just curious because of how close it is to the maintenance facility, is there consideration for trying to make them kind of look similar so that they're... or does that not matter? Are they not close enough? I'm purely curious about that. [16:03] **Tim Benetti:** From my observation looking at what the Central Maintenance Facility has done—and because they're currently going to be undergoing some remodeling of that site as well—I believe there was an intent to try to marry as much of the uses or the look and feel of that site as much as possible. This site kind of fell into the city's lap just recently, so there was kind of a rush to make sure. There was also this high need for the Police Department to have this facility because it's just not really working well coming and going from here and using part of that Central Maintenance Facility right now. So the Police Department was really anxious to get their own facility. The look and feel should hopefully match in with what they're doing with the Central Maintenance Facility. There's kind of an industrial design if you've been by there on that Central Maintenance Facility, but that's just what you routinely see on any type of public works facility site like that in a high-density urban area like Apple Valley. Very typical that I've seen in my years as a planner. [17:16] **Commissioner Scanlan:** Yeah, I just knew with the remodeling and stuff that this was maybe a golden opportunity to kind of marry them together. [17:21] **Tim Benetti:** And I defer that hopefully to the architect who might be here tonight and also Public Works Director Matt Saam. [17:28] **Matt Saam:** Sure. Unfortunately, it's the building in between them all that makes them look different—is that the salt storage building? [17:35] **Commissioner Scanlan:** Madam Chair, on that same topic of color, I noticed there was some blue. Is that true blue? There's some blue banding? [17:46] **Tim Benetti:** The idea is that is tying into the Police Department colors, yep. That's a little symbolic of the "blue line" image that you probably refer to. Assistant Chief Doom could probably answer that; I don't want to say anything that might be disrespectful, but it's a sign of respect for the Police Department and what they refer to as the "Thin Blue Line." And their respect for that color, so that's what's matching in with that color scheme. It's very subtle, and that was purposeful. [18:32] **Commissioner Scanlan:** M-hm. The other question I had is what is the timetable for starting this? It's a curiosity question. [18:41] **Tim Benetti:** I'll defer that to Matt. [18:42] **Commissioner Scanlan:** Okay. [18:43] **Tim Benetti:** Public Works Director Matt Saam. [18:46] **Commissioner Scanlan:** Okay, Mr. Saam. It's a very nice-looking building. [18:48] **Matt Saam:** Thank you planning commissioners and Commissioner Scanlan. So to your question on timing: actually this project and CMF we're looking to do together. So we would look to bid those this winter and then hopefully as soon as the snow's gone in March or April next year, we can start working on those. You'll see contractors on the site. All total, it's probably an 18 to 24-month project. Police might go a little quicker, so they might be 18, and CMF right nearby will probably be pushing that two-year mark. [19:31] **Commissioner Scanlan:** Okay, thank you. [19:33] **Chair:** Anybody else? Would the resident like to speak? Yes, you come up to the mic, please. [19:42] **Resident:** Question—I'd like to get a picture here on the west side. On the west side, there is a road that's now a two-lane road. Before it was a one-lane kind of service road rarely used. Now it's going to be a two-lane. We border on the southwest corner of the property; the house is right behind it behind the fence. Question is, how much traffic do you anticipate for that? [20:17] **Tim Benetti:** So the service lane here that will connect from the Central Maintenance Facility down—this is primarily going to be used for back-and-forth police vehicles to gas up at the facility because there will not be any gas pumps or facilities here. So most of this vehicle [traffic] will be very limited traffic. They will not be exiting out here because it's not really conducive, so the entry point will be the main in-and-out point at this area here. Again, traffic will circulate on the north side and out through this door and through here as well. [21:01] **Resident:** No expecting a whole lot of high speed? [21:03] **Tim Benetti:** Not at all. [21:04] **Resident:** Thank you. I actually feel comforted knowing that we have police close spots. I think that's a good thing when they move into the neighborhood. [21:12] **Chair:** Anybody else? Questions? Okay, do I hear a motion from anyone? [21:14] **Commissioner Scanlan:** Madam Chair, I recommend adopting a resolution finding the proposed capital improvements to the police fleet storage building consistent with the city's 2040 comprehensive plan. [21:28] **Commissioner Schindler:** Second. [21:30] **Chair:** Motion made by Commissioner Scanlan and seconded by Commissioner Schindler. Any discussion? If not, all those in favor signify by saying aye. (Group: Aye). Opposed, nay. Motion carries. [21:49] **Commissioner Scanlan:** Madam Chair, I recommend approval of a variance to reduce the driveway setback from the west property line from 20 feet to 5 feet based on the findings as outlined in the staff report. [22:01] **Commissioner Schindler:** Second. [22:03] **Chair:** Motion made by Commissioner Scanlan and seconded by Commissioner Schindler. Any discussion? If not, all those in favor signify by saying aye. (Group: Aye). Opposed, nay. Motion carries. [22:18] **Commissioner Scanlan:** Madame Chair, I recommend approval of a site plan building permit authorization to construct a 25,000-square-foot police fleet storage garage. [22:28] **Commissioner Schindler:** Second. [22:30] **Chair:** Motion made by Commissioner Scanlan, seconded by Commissioner Schindler. Any discussion? If not, all those in favor signify by saying aye. (Group: Aye). Opposed, nay. Motion carries. Thank you. All right, that brings us to other business, and that is Tim Benetti again. [22:50] **Tim Benetti:** Thank you, Madam Chair. So just a quick review of your upcoming schedule and meetings: we have our next meeting scheduled for October 4th, Wednesday at 7:00 p.m. Again, the one after that is for Wednesday, October 18th, also at 7:00 p.m. And our City Council meeting next scheduled is Thursday, September 28th at 7:00 p.m., and the next one after that is October 12, 2023. With that, I'll be happy to answer any questions you might have if you do have any. [23:30] **Commissioner Schindler:** Move to adjourn. [23:32] **Commissioner Scanlan:** Second. [23:33] **Chair:** Motion made by Commissioner Schindler... they're just trying to confuse me... seconded by Commissioner Scanlan. All in favor signify by saying aye. (Group: Aye). Opposed, nay. This meeting is adjourned. [23:56] [Music]